Recent Ruling in Essure Birth Control Case Allows Claims of Negligence to Proceed

When you make the decision to prevent pregnancy through a permanent form of birth control, you want to know that the method will be safe, effective, and not cause you harm. But for many women who used the Essure birth control implant, this may not have been the case. Thousands of women claimed they suffered injuries due to the serious side effects caused by this device and filed suit against the manufacturer, Bayer. These injuries included severe back pain, headaches, organ perforation, heavy bleeding, severe unexplained fatigue, extreme pelvic pain. It is alleged that some victims died because of the implant.

How Does Essure Work?

essure birth control

Essure consists of two metal coils implanted in each fallopian tube. Because these devices cause inflammation, scar tissue develops in the tube and prevents fertilization. In 2002, this implant was considered a breakthrough alternative to surgical sterilization. But since that time, many reports have been sent to the FDA about the device. Essure victims have spoken out against Bayer, doctors, and the FDA for ignoring their concerns. Claims were made that Bayer is guilty of negligence for failing to warn consumers about the potential dangers of the product.

An Update in the Case

Many women claimed that Essure caused them permanent injuries, but a federal judge dismissed some of the counts in five lawsuits against Bayer. However, he did allow those claims about failure to warn and negligent misrepresentation to proceed, and he also allowed complaints to be amended. Specifically, the five pending lawsuits that are before U.S. District Judge John Padova will be allowed to continue against Bayer for the following claims: fraudulent manufacture, breach of express warranty, negligent training, negligent risk management, and negligent manufacture.

Many of the women who alleged they were injured by the implant said the ruling was a victory in their fight to expose the truth about the dangers of the device. Bayer says the claims are unfounded.

Have You Been Harmed by Essure?

If you believe you’ve been injured after using the Essure birth control implant, contact the Holton Law Firm at 901-523-2222 to determine whether or not you have a case. Because there are time limits for filing a complaint against Bayer, it’s important to call us right away.

 

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